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Eligibility for criminal record expungement

On Behalf of | May 11, 2023 | Criminal Defense |

If a person has been convicted of a crime, it can follow them for a long time making it sometimes difficult to find employment, housing or meet other needs.

In Ohio, people with criminal records may be eligible to have their record expunged under certain circumstances, which means that the record is cleared. It can help those who want to move forward from their past and make a fresh start.

Eligibility

Not all criminal convictions are eligible for expungement. The convicted person must have completed all terms of their sentence, including probation and restitution, it must have been several years since they completed their sentence without additional convictions, and they must not have had a prior conviction expunged.

Both felonies and misdemeanors may qualify, but it is specific to the individual’s situation.

They may also be eligible to have arrests and dismissed charges expunged.

Process

For the court to consider the expungement of criminal records, the convicted person must file a petition which includes information about the conviction and the circumstances. This petition must be filed with the court where the conviction took place. They may also be required to pay a court fee.

The court will review the petition and may schedule a hearing where the convicted person can explain why the record should be expunged. If there are victims of the crime, they may be given an opportunity to speak at the hearing as well.

If the expungement is granted, the person’s criminal record will be cleared, and they can state that they have not been convicted of the crime.